Atlanta Lawyers

You may want to know some of the basics of how a personal injury lawsuit works. This can help prepare you for what may lie ahead. Here’s a look at key legal concepts that can shape these cases.

In most personal injury cases, the goal is to prove that the other party was negligent, which is just a legal term for being careless. Everyone has a duty to act responsibly and avoid causing harm to others. If someone fails to do so, they may be considered negligent and responsible for any injuries that occur as a result. In some cases, like those involving medical treatment, a higher standard of care is required. An expert witness might be needed to explain what the healthcare provider should have done differently.

Employers can sometimes be held responsible for the negligence of their employees, even if the business itself didn't do anything wrong. This is known as "vicarious liability." To hold an employer accountable, you'd need to prove that the employee was working at the time of the accident. In some cases, the business might also be partly at fault. For example, if they hired someone who wasn't qualified or didn't provide proper training, they could share the responsibility for the accident.

In some personal injury cases, you might have a claim of "strict liability," which can be easier to prove than negligence. With strict liability, you don't have to show that the other party failed to meet a certain standard of care. One common example is cases involving defective products. To win this type of case, you only need to prove that the product had a defect when it left the manufacturer or seller's control, and that defect caused your injuries.

Sometimes, personal injury claims arise from violent crimes like assault or other intentional acts. These are known as "intentional torts." To win an intentional tort case, you need to prove that your injuries were caused by the defendant's intentional actions. Even if the defendant isn't charged with a crime or isn't convicted in criminal court, you can still succeed with an intentional tort claim. This is because personal injury cases only need to be proven by the "preponderance of the evidence," which means it's more likely than not that the defendant is responsible. This standard is much easier to meet compared to the "beyond a reasonable doubt" standard used in criminal cases.

If you’re thinking about taking legal action for an injury in Georgia, it's important to know there's a time limit for filing your claim. This is known as the statute of limitations. According to Georgia Code Section 9-3-33, you generally have two years from the date of the injury to file a lawsuit. While there are a few exceptions to this rule, they are quite limited. Thus, it's crucial to act promptly to ensure you don't miss your chance to seek compensation.

Missing the statute of limitations deadline can result in your case being dismissed, which means the defendant won't have to pay you any compensation, even if it's clear they caused your injuries. But there's more to acting quickly than just meeting deadlines. Starting your case early helps ensure that you can gather and preserve all the necessary evidence to prove who was at fault and the extent of your damages.

When considering a personal injury lawsuit, it's helpful to understand a few other important rules, like comparative negligence. This rule comes into play if you were partly responsible for your own injuries. According to Georgia Code Section 51-12-33, if you are found to be 50% or more at fault for the accident, you cannot receive any compensation. However, if you are less than 50% at fault, you can still receive compensation, but the amount will be reduced by your percentage of fault. For example, if you were 20% at fault, your compensation would be reduced by 20%.

When it comes to personal injury cases, you might have heard that some states limit the amount of money you can receive, especially for non-economic damages like pain and suffering. In Georgia, there generally aren't caps on the compensatory damages you can get for your injuries. There is technically a cap for non-economic damages in medical malpractice cases, but the Georgia Supreme Court ruled that this cap is unconstitutional and can't be enforced. However, there is a cap on punitive damages, which are extra payments intended to punish the defendant for particularly bad behavior. According to Georgia Code Section 51-12-5.1, punitive damages are capped at $250,000 in most personal injury cases.

If a government entity or employee was involved in causing your injury, the process for seeking compensation is a bit different. You need to file a notice of claim within a shorter time frame than the usual statute of limitations. Specifically, you have six months to file a notice of claim with a city, and 12 months to file one with the state. These cases also are subject to distinctive damages caps.

When you think about filing a lawsuit, you might imagine having to argue your case in front of a jury. While that can happen, it's actually not the most common outcome in personal injury cases. Most of the time, these cases are settled out of court. A settlement is an agreement where the defendant or their insurance company agrees to pay you a certain amount of money. In return, you agree to release your claims against them.

Settling your personal injury case can have many benefits. It often ends the case sooner, providing you with the financial support you may urgently need. This can help you get emotional closure and move forward with your life, rather than dwelling on the traumatic incident. Settlements also avoid the uncertainty of a trial. Even if you believe you have a strong case, there's no way to be sure how a judge or jury will interpret the evidence. By settling, you have more control over the outcome and can avoid the risks and stress associated with a trial.

However, it's crucial to think carefully before accepting a settlement offer. Defendants and insurance companies often aim to resolve cases for as little money as possible. This means the first offer you receive might be too low to fully compensate you for your injuries. If you accept a low offer, you typically can't go back and ask for more money later. Therefore, it may be worth taking the time to negotiate further or even pursue litigation to try to get a fairer settlement.

Having an attorney on your side can significantly affect the outcome of your personal injury case. The other side will almost certainly have their own legal team, and you don't want to be at a disadvantage. Hiring a lawyer shows that you're serious about your case, making it harder for the defendant or their insurer to take advantage of you. It's especially crucial to get a lawyer if the other side starts pushing back against your claim or if you've suffered serious injuries that have led to substantial costs and losses.

A personal injury lawyer can make the process flow more smoothly by collecting the evidence that you need to show the defendant’s liability and the damages that you have incurred. For example, they can gather:

• Records from healthcare providers explaining the likely cause and extent of your injuries, as well as their future prognosis
• Medical bills, pay stubs, and other financial paperwork showing the costs resulting from your injuries
• Photographs or videos of the scene and the events leading to your injuries
• Statements from people who saw the incident happen
• Expert testimony from specialists such as doctors, vocational rehabilitation specialists, and accident reconstruction analysts
• Testimony from people like family members and friends who can explain the impact of the injuries on your daily activities and mental state

As your case progresses, your attorney can be useful in evaluating settlement offers. With experience in similar cases, they can provide insight into what might be a fair and reasonable offer. However, the decision to accept a settlement is always yours.

If you decide to go to trial, your attorney's courtroom expertise will be a significant advantage. They will know how to present compelling arguments on your behalf and anticipate the defense's likely responses. Additionally, they will be well-versed in the technicalities of court rules and procedures, ensuring that no unexpected legal hurdles catch you off guard.

For many people, the search for a personal injury attorney begins online. Resources like the Justia Lawyer Directory can help you compare different options and find the right fit. With so many personal injury lawyers in the Atlanta region, it can be challenging to decide who is best suited for your case and needs.

When searching for an attorney, one of the most crucial goals is finding someone with experience in cases similar to yours. For instance, if you’re suing a surgeon for a mistake made during a procedure, you likely don't want an attorney who primarily handles car accident cases. Similarly, if your child was bitten by a dog, you might not want to hire the same lawyer who helped a friend sue a nursing home for neglecting their grandmother.

An attorney’s website can provide insight into the types of cases they typically handle and highlight some of their notable successes. Additionally, consulting reviews and testimonials from former clients can give you a sense of what it’s like to work with that attorney and whether their personality and approach might be a good fit for you. Some attorneys also have endorsements or reviews from their peers, which can be a strong indicator of their reputation in the legal community.

It's important to check the disciplinary records of the attorneys you are seriously considering. If you find that an attorney has numerous violations of the ethical rules of the State Bar of Georgia, it might be best to explore other options. However, don't automatically dismiss someone for having a minor disciplinary record. This can be just one of several factors to consider when comparing them to other attorneys.

Personal injury lawyers often provide a free consultation for potential clients. This initial meeting is helpful for both parties: the attorney can assess whether they want to take on your case, and you can decide if you feel comfortable working with them. During the consultation, you can explain the details of your situation and ask any questions you might have. A good attorney will explain their reasoning clearly and in a way that you can understand. It's important that you feel you can trust them and work closely together, since this relationship will be crucial to the success of your case.

There’s almost an endless range of situations in which someone can get injured through no fault of their own. These include:

• Motor vehicle collisions, which may involve cars, trucks, motorcycles, bicycles, or pedestrians
• Slip and falls and other accidents on property
• Incidents of medical malpractice when a doctor or another healthcare provider causes injuries by failing to provide competent care
• Encounters with defective products, which may have suffered from errors in manufacturing, flaws in design, or inadequate instructions or warnings
• Neglect or abuse of an elderly person in a licensed care facility
• Assault or sexual assault, which may also result in criminal charges

If you're injured on the job, you may be eligible for workers' compensation benefits, regardless of who was at fault. These benefits can help cover your medical expenses and a portion of your lost wages. However, it's important to note that workers' compensation doesn't cover non-economic damages like pain and suffering. While you generally can't sue your employer for these types of damages, you might have the option to pursue a claim against a third party that contributed to your injuries. For instance, if you were driving for work and another driver (who is not a coworker) ran a red light and caused an accident, you could potentially file a personal injury lawsuit against that driver in addition to your workers' compensation claim.

A study by Jury Verdict Research analyzed verdicts in a set of Georgia personal injury cases that went to trial. This revealed that the median amount awarded was $11,000, which means that half the verdicts were larger than that number and half were smaller. Nearly 10 percent of the verdicts were over $1 million, though. This means that the average personal injury verdict in Georgia would be much greater than the median, since it would be distorted by this small group of very high verdicts. However, the data from this survey is relatively old and may not clearly reflect trends in current cases.

Here are some of the most notable verdicts and settlements in Georgia in recent years:

• $26 million when a 19-year-old died in a head-on collision allegedly caused by a driver who was intoxicated, using their cell phone, and driving the wrong way
• $12.5 million when an ear, nose, and throat doctor failed to promptly diagnose a neck tumor as cancerous, allowing the cancer to spread
• $7.2 million for an injured person who suffered disc herniations in a multi-vehicle, rear-end collision that caused him to require walking assistance
• $7 million from a Fulton County jury in a wrongful death case alleging the vicarious liability of an employer for an employee who caused a fatal crash by running a red light
• $3 million for medical malpractice resulting in the death of a patient due to a combination of surgical errors and a failure to provide proper post-operative care
• $385,000 for a rider thrown from their motor scooter due to a broken and uneven sidewalk in Atlanta

Be aware that most of the verdicts and settlements that you see in the headlines are outliers, and they don’t provide a guide of what to expect in a particular case. You should ask your attorney about what your case may be worth.

The Georgia Department of Transportation keeps records of car crashes in Atlanta each year. The 2023 data show that 176,088 total crashes occurred in Atlanta, including 367 fatal crashes that involved 405 fatalities. Total crashes and fatal crashes both decreased somewhat from 2022. In addition, the data show that 2,496 crashes were associated with suspected serious injuries, and another 8,864 crashes were associated with suspected minor injuries.

More generally, Fulton County saw 278,266 total crashes in 2023, including 688 fatal crashes that involved 756 fatalities. Like the city, the county saw a decrease from 2022 in both categories. Another 4,059 crashes were associated with suspected serious injuries, and another 14,942 crashes were associated with suspected minor injuries.

Recent studies have identified certain intersections in Atlanta as posing an especially high risk of collisions. These include:

• Memorial Drive and North Hairston Road
• East Park Place Boulevard and Stone Mountain Highway
• Covington Highway and Lithonia Road
• Cobb Place Boulevard and Ernest Barrett Parkway
• Jimmy Carter Boulevard and Peachtree Industrial Boulevard
• State Bridge Road and Medlock Bridge Road
• Steve Reynolds Boulevard and Venture Drive
• Butner Road and Camp Creek Parkway
• Briarcliff Road and North Druid Hills Road
• Piedmont Avenue and Monroe Drive

Drivers should be especially cautious at these intersections, although driving anywhere in this densely populated region warrants careful attention to avoid a sudden and devastating crash.

Someone injured in a car accident should get the police report for the crash. It could provide crucial evidence for a claim or lawsuit. You can get reports from the Central Records Unit of the Atlanta Police Department at the Atlanta Public Safety Annex, which is located at 3493 Donald Lee Hollowell Parkway NW. The facility is open from Monday through Friday between 8:30 A.M. and 3:30 P.M. You can also go to buycrash.com to purchase an accident report online.

If you believe that you suffered from an incident of medical malpractice, you can report the healthcare provider at issue. The Georgia Composite Medical Board oversees the profession. You can file a complaint with the Board online or by mail. This could result in disciplinary proceedings against the healthcare provider. Meanwhile, if you suspect that a loved one has experienced abuse in a long-term care facility, you can contact the Georgia Department of Community, Healthcare Facility Regulation at 800-878-6442.

Victims of crimes may benefit from the programs and resources offered by Atlanta Victim Assistance, which serves survivors and families affected by crimes such as domestic or family violence, gun violence, child abuse, elder abuse, homicide, sexual assault, and aggravated assault. A victim of a crime that is being prosecuted in Fulton County State Court can contact the Fulton County Solicitor General’s Victim Assistance Program at 404-612-6883. In addition, the Victim Witness Assistance Program serves victims and witnesses of misdemeanor crimes in Fulton County.

An employee injured on the job can explore the resources provided by the Georgia State Board of Workers’ Compensation. These include instructions on how to file a claim and a handbook that explains the rights and responsibilities of employees.

1. What damages can I get in a personal injury case?

   If you've suffered financial losses, you can receive compensation known as economic or special damages. These cover items such as your medical bills, lost wages, and any future treatment you might need. Additionally, you can be compensated for more subjective forms of harm with non-economic or general damages. These can cover things like pain and suffering, loss of enjoyment of life, and other consequences of the incident that can’t be easily quantified. In cases where the defendant's actions were particularly severe, you might also be eligible for punitive damages, although these are less common.

2. How much will I need to pay my personal injury attorney?

   Your attorney will collect their fee as a percentage of any settlement or verdict that they get for you. This is often between 25 and 40 percent. You might need to pay a higher percentage if your case goes to trial than if it ends in a settlement. The contingency fee structure means that you don’t need to pay anything if your attorney doesn’t get money for you.

3. How long will my case take?

   The time it takes to resolve a personal injury claim or lawsuit can differ quite a bit. It often depends on what happened during the accident and how serious the injuries are. If it's not clear who was at fault, and there's a lot of money involved, the other side might fight harder, making the process longer. Some straightforward claims can be settled in just a month or two, while more complicated ones might take over a year to resolve.

4. Can I sue if my spouse was killed in an accident?

   If your spouse passed away due to a crime, someone else’s negligence, or a defective product, you have the right to bring a wrongful death action to seek damages. This allows you to recover compensation for the full value of your spouse's life. Typically, you have two years to file this type of claim.